ELDER v. HOLLOWAY

No. 91-35146.

951 F.2d 1112 (1991)

Charles K. ELDER; Beverly S. Elder, husband and wife, Plaintiffs-Appellants, v. R.D. HOLLOWAY; Other Unknown Employees and/or Agents, individually and in their official capacity as police officers for the Ada County Sheriff's Office, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1991.


Attorney(s) appearing for the Case

John Charles Lynn, Lynn, Scott & Hackney, Boise, Idaho, for plaintiffs-appellants.

James J. Davis, Davis, Wright & Tremaine, Boise, Idaho, for defendants-appellees.

Before WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges.


RYMER, Circuit Judge:

This appeal raises an unusual question: whether a summary judgment on qualified immunity in favor of a law enforcement officer which was properly granted on the record presented to the district court, should nevertheless be reversed because there are legal authorities that plaintiff did not present to the district court or to us on appeal which suggest that, contrary to what the district court found...

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